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Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....iminal Revision Case Nos. 413 and 454 of 1966 in which the identical question of law was involved. Thereafter he began making his submission before the court but unfortunately he was not allowed to complete his argument and under compelling circumstances he left the court. It was denied that the ......st too. This conduct of the learned lawyer is highly objectionable." 2. Before entering into the merit of the appeal it is to be noted that the petition for special leave to appeal was barred by 146 days. The question of limitation was left open at the time of granting leave to be de..Category: Others | Date: | Hits: 157
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....t the two offences are distinct and separate. One of the essential ingredients of offence under section 457 P.C. is the intention to commit theft, and not actual commission of theft. The offence is complete when the lurking house trespass by night is committed with the intention to commit theft.......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 74
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....he suit land with the wakf schedule has been established with reference to current revenue survey plots. For the purpose of passing an executable decree the pleader commissioner's report is a complete answer. The wakf is neither hit by the doctrine of Mushaa, nor the land of the wakfnama is......eave order does not dispose, of the suit. The Trial Court dismissed the suit on three grounds; first, the suit land was vague, second the wakf deed was not acted upon, and third, that the suit was barred by limitation. The first appellate Court concurred with trial Court on first two grounds, bu..Category: Trust/Waqf Law | Date: | Hits: 239
....an and his heirs, either direct or constructive, on the suit land for the prescriptive period before the grant of Patta in his favour. We feel that a determination of this question is necessary for complete adjudication of dispute between the parties. It is a mixed question of law and fact. We thi......ib Deo, 28 C.W.N. Pankajini Debi Vs. Sudhir Dutta 60 C.W.N. 793, Munnalal Vs. Mst. Kashibai, 51 C.W N. 175, Narendra Vs. Rajendra, 45 C.W.N. 654 , Rai Kiran Chandra Roy Bahadur Vs. Srinath, Chakrabarti 31 C.W.N. 135, Kumar Rai Vs. Baraboni Coal, A.I.R. 1935 Calcutta 36, Jemarat Ali Vs. Rahman S..
Category: Property Law | Date: | Hits: 82
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....as held "quashing of proceedings at so early stage gives an unfortunate impression of stifling of criminal prosecutions, by exercise of an extraordinary power which is given for the dispensation of complete justice, in the forms provided by law. It is necessary that this case should be examined fu......d secure the ends of justice. If the criminal proceedings in question is in respect of an offence alleged to have been committed by an accused person and it manifestly appears that there is a legal bar against the institution or continuance of the said proceedings the High Court would be justifi..Category: Anti-Corruption Laws | Date: | Hits: 225
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....hould have chosen the claimant who has prima facie better claim to the office of the Mutwalli. It may also be very well contended that perhaps it would have been proper if the Administrator chose a complete stranger for the office and referred both the rival claimants to a Civil Court for establ......ide. Afsaruddin Bhuiyan vs. Wajed Ali Khan, (1952) 4 DLR 442). Waned Ali Vs. Haji Abdul Wahed, (1954) 6 DLR 206, Shamsul Huq Sikdar Vs. Election Tribunal and others (1975) 27 DLR 392; Khwaja Gholam Akbar Vs. Madarbari Conciliation Court Union Committee (1968) 20 DLR 160, Maung Bo Than Vs. No Pin A..Category: Trust/Waqf Law | Date: | Hits: 182
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....raudulently disposed of is entitled to come to Court in the manner the petitioner has done. It is easy to see that if such a cause were permitted, the business of the Company can be brought to a complete standstill, when differences of opinion exist among the members of the Company. One legal......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ation the property until her death. After her, let the heirs take it." 44. When in the 11th century Vijnaneswara sought to systematise the entire body of the Hindu Law into a complete Code, namely, Mitakshara, on the basis of the Smritis as explained and developed thro...... the applicability of section 2 of the Act, it has been held by the said High Court that the preamble of the Act has restricted the scope of the Act which is limited only to those widows who were debarred by virtue of their custom, from contracting a valid marriage. 40. Let us examine the..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
.... 14. The Commissioner may, if he deems it necessary, fix normal spirit strength and allowable margins for the preparations. 15. (1) Distillation shall be so conducted that distillates from a complete number of fermenting vessels may be collected in a receiver at a strength of about 42 per c......elated to the quality of the intoxicant. It must appear from the reading of the rule, that the standard has been fixed or refixed. The amended rule singularly fails to fulfill this test. Obviously, a bare substitution of two figures in the earlier rule read by itself hardly conveys any sense, far le..Category: Fiscal/Taxation Law | Date: | Hits: 137
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
.... question whether there is a right of appeal against an order of assessment of compensation made by the Land Acquisition Court under section 93 A of the Town Improvement Act, which purports to be a complete Code in itself inevitably leads to a search for the legislative intent in respect of such ......the present case though the property of the respondents has been requisitioned and acquired under s. 93Aofthe Act, no tribunal has been set up to determine the disputed assessment under s. 93A. The bar to appeal under sub-section (6) is therefore not attracted. 10. The Town Improvement Ac..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....ion 238 Cr. P.C. Section 238 Cr. P.C. runs as follows: "(1) When a person is charged with an offence consisting of several particulars a combination of some only of which constitutes a complete minor offence, and such combination is proved, he may be convicted of the minor offence, t......be so disposed of as to be put in danger of being murdered. Evidence was, however, led to show that these two appellants along with some other Rajakars caught Yusuf and his brother Delwar from Bashbaria Bazar where they had gone to sell beef and took them to the Gulam Mohammad Jute Mills where t..Category: Criminal Law | Date: | Hits: 61
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....bligatory counting of votes by the Presiding Officer after scrutiny of the ballot papers in the ballot box or boxes. After the voting is over it is a ‘must’ for the Presiding Officer to complete counting of votes except in the case or in a situation mentioned hereinbefore. &nbs......le 102 The Union Parishad (Election) Rules, 1983, Rules 39(4) Where the contesting candidates or their agents are not present the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of..Category: Election Law | Date: | Hits: 124
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... in favour of Bangladesh Shilpa Rin Sangstha for all past loans of the company. The respondent No. 2 declared that he would continue to act as Managing Director till the legal formalities had been completed. The petitioner claimed that because of Bangladesh Shilpa Rin Sangstha’s unqualifie...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....ermissible under the law. Mr. Pal further submitted that the amendments in question are not at all necessary either for the determination of the real questions in controversy between the parties or complete adjudication of the dispute as has been raised before the court. Mr. Pal, finally submitte...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... 238. When offence proved included in offence charged.- (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not prov...... Ahmed and Professor Sayeed (Saidur Rahman). 2. The prosecution case, in short, is that Shiriu Kona Biswas lodged a first information report on 18-9-1995 at 22-15 hours at Motbaria Police Station against 8 accused persons on the allegations that on 9-8-1995 at about 11-00 ..Category: Criminal Law | Date: | Hits: 72
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....sed is no longer in existence having been set aside by a competent court of law." After observing as mentioned above, the learned Judges of the High Court Division "for doing complete justice" between the parties and in consideration of the fact that the peremptory hea...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....ntrusted. The impugned order is therefore not a colourable exercise of power, he submits. 12. The provision of retiring a Government servant before the age of superannuation after an employee has completed a reasonably long period of service was there in the Fundamental Rule 56(j) in British Ind......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....the expediency, or the motive, political or otherwise, or bona fide of the President in making the Reference cannot be gone into, AIR 1974 (SC) 1682 and AIR 1979 (SC) 478. 87. I find myself to be completely unable to accept the reasons advanced by Dr. Kamal Hossain and Syed Ishtiaq Ahmed for ret......ion to the advisory jurisdiction of Courts entertained by some Jurists, text‑book writers and Judges in the American and English Jurisdictions mainly on the ground of inexpediency, inconvenience, embarrassment and prejudice to the rights of future litigants, The objection, it seems, touched a very..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....amount was enhanced to Taka 41, 00,000.00 by an endorsement dated 25.7.90. In the night following 11.10.90 at about 2‑00 AM a fire took place in the plaintiff’s laboratory resulting in complete damage to the laboratory, furniture, medicines and machineries. The neighbouring people tr......the Policy. As such under condition No. 13 of the Policy the plaintiff had the right to institute the suit within 3 months of the repudiation of the policy which he did. The claim is not time‑barred in any manner, it held. The trial Court's decree was upheld. 9. The relevant provisi..Category: Business or Commercial Law | Date: | Hits: 114
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
.... trial Court and the appellate Court which show that the road was "partially damaged"; but it is clear that the public road in question was damaged. As such, commission of the offence was complete. While granting leave as to the sentence, it was mentioned that the sentence was to be co......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..Category: Criminal Law | Date: | Hits: 60
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